2006-081`I
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2006-81
Order Establishing Tuscany Subdivision Drainage District
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At a regular meeting of the Town Board of the Town of Wappinger, Dutchess 1-59 �, c
County, New York, held at Town Hall 20 Middlebush Road, Wappingers Falls, New
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York, on 3/13/2006.x- "-
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll
being called, the following were present: c
PRESENT: Supervisor - Joseph Ruggiero w
Councilmembers - Robert L. Valdati
Joseph P. Paoloni
Maureen McCarthy
ABSENT: Vincent F. Bettina
The following Order was introduced by Councilman Valdati and seconded by
Councilwoman McCarthy.
WHEREAS, the written Petition of Creekview Holdings, Ltd., dated February.6,
2006, executed by David W. Stenger, as President and owner of 100% of the Tuscany
Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the
Town of Wappinger, New York requesting the approval of a drainage district to be
known as the "TUSCANY SUBDIVISION DRAINAGE DISTRICT', which is more
particularly described in the Map, Plan and Report for the Tuscany Subdivision dated
October 12, 2005, prepared by Paggi, Martin & Del Bene, LLP, and filed in the office of
the Town Clerk; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
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Tuscany Drainage District", dated October 12, 2005, and relating to the establishment of
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the proposed drainage district, was prepared by Paggi, Martin & Del Bene, LLP, duly
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licensed civil engineers of the State of New York; and
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WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with
the Town Clerk and has been prepared in a manner and in such detail that this Town
Board has determined that said Map, Plan and Report is in accordance with the
requirements of Article XII of the Town Law; and
WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town
Board on February 13, 2006, reciting the filing of said Map, Plan and Report, the
improvements proposed, the boundaries of the proposed district, the proposed method of
financing, the fact that the Map, Plan and Report describing the same were on file in the
Town Clerk's Office for public inspection, and stating all other matters required by law
to be stated, and specifying March 13th, 2006 as the date, at 7:30 in the evening of said
day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York as the place where this Town Board would meet and consider said Map,
Plan and Report, and to hear all persons interested in the subject thereof, and to take such
action therein as is required or authorized by law; and
WHEREAS, such Order was duly published and posted as required by law and
copies of such Order were duly mailed to Petitioners/homeowners of all properties in the
proposed District, and proof of publication, posting and mailing has been duly presented
to the Town Board; and
WHEREAS, a public hearing on said matter was duly held by said Town Board
on March 13th, 2006 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing
in opposition thereto, and Creekview Holdings, Ltd., the Petitioner, appearing in favor of
the Petition; and
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WHEREAS, pursuant to said petition, it is the intention of the Petitioner,
Creekview Holdings, Ltd., to construct the improvements set forth in the Map, Plan and
Report solely at its own cost and expense.
NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED,
DETERMINED AND RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Order as if fully set
forth and adopted herein.
2. The notice of public hearing was published and posted as required by law,
and is otherwise sufficient.
3. The Petitioner as 100% owner of the property was duly mailed a copy of
the Notice of Public Hearing and proof thereof was submitted to the Town Board.
4. The Petition presented to this Board for the establishment of the
TUSCANY SUBDIVISION DRAINAGE DISTRICT was signed and acknowledged as
required by law and was otherwise sufficient.
5. All the property and property owners within the proposed district are
benefited thereby.
6. All the property and property owners benefited thereby are included
within the limits of the proposed district.
7. There will be no hook-up fees for any of the properties within the district.
8. There will be no capital costs assessed to the properties within the district
for the improvements proposed to be constructed.
9. The estimated annual cost of Operation and Maintenance of the proposed
improvements after three years is estimated to be $800.00 per Benefit Unit for a typical
property within the district.
10. A detailed explanation of the improvements to be made and the estimate
of Operation and Maintenance charges have been included in the Map, Plan and Report
which has been filed in the Office of the Town Clerk and the same has been made
available during regular office hours for examination by any person interested in the
matter thereof.
11. It is in the public interest to establish the TUSCANY SUBDIVISION
DRAINAGE DISTRICT.
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
establishment of the TUSCANY SUBDIVISION DRAINAGE DISTRICT in the Town
of Wappinger, Dutchess County, New York, and the improvements therein, as more fully
described above and in the aforementioned Map, Plan and Report is hereby approved and
established and said drainage district shall be bounded and described as set forth in
Exhibit "A" attached to the Petition; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
improvements for the said drainage district as set forth in the Map, Plan and Report are to
be constructed by the Petitioner, Creekview Holdings, Ltd., wholly at its own expense,
and Petitioner has agreed to convey such improvements to the Town and/or the
TUSCANY SUBDIVISION DRAINAGE DISTRICT without cost to the Town of
Wappinger, free and clear of any liens or encumbrances; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once
the drainage improvements as set forth in the Map, Plan and Report have been
constructed by the Petitioner and turned over to the Town, the cost for maintaining the
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District shall be assessed, levied and collected from the several lots and parcels of land
within the said district in proportion to the benefit which each lot or parcel of land in said
district will derive therefrom as set forth in the Map, Plan and Report; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town of Wappinger shall be reimbursed by the Petitioner, Creekview Holdings Ltd., for
any fees or expenses paid in furtherance of commissioning the preparation of the Map,
Plan and Report or in the formation of this District; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town Clerk be, and hereby is, authorized and directed to file a certified copy of this
Order in the office of the Clerk of the County of Dutchess, which is the County in which
the said Town of Wappinger is located, and another certified copy in the Office of the
State Department of Audit and Control, within ten days after the adoption of this Order,
pursuant to § 195 of the Town Law.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting:
AYE
Robert L. Valdati, Councilmember
Voting:
AYE
Vincent F. Bettina, Councilmember
Voting:
ABSENT
Joseph P. Paoloni, Councilmember
Voting:
AYE
Maureen McCarthy, Councilmember Voting:
AYE
The Order was thereupon declared duly adopted.
Dated: March 13, 2006 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
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J&4 C. MAS RSON, TOWN CLERK